IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED December 15, 2009 No. 09-20307 Conference Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JORGE RODRIGUEZ TAMAYO, also known as Jorge Rodriguez, also known as Jorge Rodriguez-Tamayo, also known as Enrique George Tamay Rodriguez, also known as Jorge Tamayo Rodriguez, also known as Jorge Emrique Rodriguez,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:08-CR-684-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges. PER CURIAM:* The Federal Public Defender appointed to represent Jorge Rodriguez Tamayo has moved for leave to withdraw and has filed a brief in accordance with Anders v. California,

(1967). Tamayo has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is

* Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. No. 09-20307

GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.

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